On approval of the Rules for conducting an auction and issuing a license based on the results of an auction for exploration or extraction of solid minerals

Home / Order / On approval of the Rules for conducting an auction and issuing a license based on the results of an auction for exploration or extraction of solid minerals

Order of the Minister of Industry and Construction of the Republic of Kazakhstan dated April 30, 2026 No. 218. Registered with the Ministry of Justice of the Republic of Kazakhstan on May 4, 2026 No. 38641

In accordance with paragraph 1 of Article 221-2 of the Code of the Republic of Kazakhstan "On Subsoil and Subsoil Use", I ORDER:

1. To approve the Rules of the auction and the issuance of licenses based on the results of the auction for exploration or extraction of solid minerals.

2. To invalidate certain regulatory legal acts of the Republic of Kazakhstan according to the list in accordance with the annex to this order.

3. The Department of Subsoil Use of the Ministry of Industry and Construction of the Republic of Kazakhstan, in accordance with the procedure established by law, shall ensure:

1) the state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) posting of this order on the official Internet resource of the Ministry of Industry and Construction of the Republic of Kazakhstan after its official publication.

4. Control over the execution of this order is entrusted to the supervising Vice Minister of Industry and Construction of the Republic of Kazakhstan.

5. This order is put into effect after the day of its first official publication.

Minister of Industry and Construction of the Republic of Kazakhstan

E. Nagaspayev

"APPROVED" by the Ministry of Artificial Intelligence and Digital Development of the Republic of Kazakhstan

"APPROVED" by the Ministry of Finance of the Republic of Kazakhstan

"APPROVED" by the Ministry of National Economy of the Republic of Kazakhstan

Approved by the Decree of the Ministry of Industry and Construction of the Republic of Kazakhstan dated _______ 2026 No. ____

Rules for conducting auctions and issuing licenses based on the results of auctions for exploration or extraction of solid minerals

Chapter 1. General provisions

1. These Rules for Conducting an auction and issuing a license based on the results of an auction for exploration or Extraction of Solid Minerals (hereinafter referred to as the Rules) have been developed in accordance with paragraph 1 of Article 221-2 of the Code of the Republic of Kazakhstan "On Subsoil and Subsurface Use" (hereinafter referred to as the Code) and determine the procedure for conducting an auction and issuing a license based on the results of an auction for exploration or extraction of solid minerals.

2. The following subsurface areas are provided on the basis of an auction for exploration or extraction of solid minerals, with the exception of common minerals and uranium.:

1) for the extraction of solid minerals in subsurface areas containing reserves and (or) resources of solid minerals, with the exception of common minerals and uranium, included in the state accounting of minerals and free from subsurface use operations provided for in subparagraphs 2), 3) and 4) of Article 22 of the Code;

2) exploration of solid minerals in subsurface areas with identified prospects based on the results of the state geological survey of the subsurface;

3) for the exploration of solid minerals in the territories of exploration contracts, combined exploration and extraction of solid minerals, declared invalid, unsold or terminated prematurely, with the exception of the territories provided for in subparagraph 1) the present paragraph.

The following basic concepts are used in these Rules:

1) auction territory – the territory provided for in the management program of the state subsoil fund, within which, according to the results of the auction, a site for exploration or extraction of solid minerals is to be provided;

2) auction room – a section of the registry's web portal that provides the ability to enter, store, and process information necessary for conducting an auction;

3) the auction step is the amount by which the subscription bonus is increased.;

4) auction number – the number assigned to the participant for participation in the auction in the presence of an electronic digital signature;

5) the object of the auction (hereinafter referred to as the object) is the right of subsurface use granted following the results of the auction for conducting operations for exploration or extraction of solid minerals;

6) Geoinformation service (hereinafter referred to as geoservice) – an information service containing information about the territories within which subsurface areas are provided for exploration or extraction of solid minerals on the basis of an auction, designed to enter, collect, process, analyze data on the use of such areas obtained by entering the results of systematic observations, ground surveys, surveys, inventories, materials of state control over the use and protection of lands, archival data, remote sensing data, information, obtained from government information systems and electronic information resources, as well as other information about the state of land and subsoil;

7) the winner is the auction participant who offered the highest amount of the subscription bonus for the object among other registered auction participants or the only registered auction participant who confirmed the initial amount of the subscription bonus.;

8) guarantee fee – the amount of money contributed by the participant to participate in the auction, which is a guarantee for the fulfillment of the obligation of the auction winner to pay the subscription bonus;

9) participation fee – a non-refundable sum of money in the amount of 100 (one hundredfold) of the monthly calculation index established for the relevant financial year by the law on the republican budget and effective on the date of posting on the web portal of the registry of the announcement of the auction, made by the participant to participate in the auction;

10) participant – a natural or legal person registered in accordance with the established procedure to participate in the auction;

11) the current amount of the subscription bonus is the amount of the subscription bonus accumulated during the auction;

12) the initial amount of the subscription bonus is the amount of the subscription bonus from which the auction for the object begins, established in accordance with the Tax Code of the Republic of Kazakhstan.;

13) the final amount of the subscription bonus is the maximum amount of the subscription bonus established as a result of the auction;

14) the web portal of the Register of State Property (hereinafter referred to as the Registry web portal) is an online resource hosted on the Internet at "e-qazyna.kz ", which provides a single access point to the electronic database of objects of sale of the register of state property (hereinafter referred to as the register);

15) a single operator in the field of state property accounting (hereinafter referred to as the single operator) is a legal entity with state participation in the authorized capital, determined by a decision of the Government of the Republic of Kazakhstan, which is entrusted with the tasks of implementing a unified technical policy in the field of organization and accounting of state property, as well as the functions of managing and operating assets of territorial divisions of the authorized body. state property authority according to the list approved by the authorized state property authority;

16) an auction for granting the right of subsurface use for conducting operations for exploration or extraction of solid minerals (hereinafter referred to as the auction) is a form of bidding conducted using the registry's web portal in electronic form, in which participants identified by the competent authority based on the results of consideration of license applications declare their proposals publicly.;

17) A raise auction is an auction method in which the initial amount of the subscription bonus increases with a pre–announced auction step.;

18) an electronic digital signature (hereinafter referred to as EDS) is a set of electronic digital symbols created by means of EDS and confirming the authenticity of an electronic document, its affiliation and the immutability of its content;

19) electronic document – a document in which information is presented in electronic and digital form and certified by means of EDS;

20) the unified Platform of Subsurface Users (hereinafter referred to as the EPN) is a state information system that provides public services and information interaction between government agencies, subsurface users and other stakeholders in the field of subsurface use. Including through integration with other informatization facilities.

21) electronic wallet – the participant's personal account on the web portal of the registry to reflect the money deposited by him to the settlement account of a single operator in a second-tier bank;

22) competent authority - represents the interests of the Republic of Kazakhstan and implements the state policy in the field of subsoil use for solid minerals.

4. The territory of the subsurface plots provided on the basis of the auction is subject to definition in the program of management of the state fund of subsurface resources. The territory of a subsurface area provided for conducting operations for the exploration of solid minerals on the basis of an auction should not exceed two hundred blocks.

5. The organization and conduct of the auction is carried out by the competent authority in accordance with the Code and these Rules. The auction is conducted using the method of increasing the subscription bonus.

6. The geoservice displays graphical information on objects:

1) blocks with block codes – for issuing licenses for exploration of solid minerals based on the results of the auction;

2) points with geographical coordinates connected by conventional straight lines.

7. The auction is conducted in respect of each individual subsurface use right in the relevant auction area.

8. In case of non–payment of the subscription bonus by the winner, within the period stipulated in paragraph 65 of these Rules, the priority and obligations to pay the subscription bonus confirmed by the participant shall be transferred to the auction participant who offered the next largest amount of the subscription bonus (hereinafter referred to as the next participant).

9. In case of non-payment of the subscription bonus by such an auction participant, the priority and payment obligations shall be transferred to the next participant in each case with the deadline for payment of the subscription bonus to the electronic wallet within 20 working days from the date of receipt of the notification of the competent authority in accordance with paragraph 32 of these Rules.

10. The notification of a participant about the transfer of priority and obligations to him is automatically posted in the personal account of such participant on the web portal of the registry.

Chapter 2. The procedure for conducting an auction and issuing a license based on the results of an auction for exploration or extraction of solid minerals

Paragraph 1. Auction procedure

11. The auction is conducted on the basis of a decision of the tender commission, the composition of which is approved by the competent authority.

12. The announcement of the auction must be published no earlier than two months before the date of the auction.

13. The announcement is posted on the EPN and the registry's web portal, in Kazakh and Russian.

14. The auction announcement contains the following information:

1) the date and time of the auction;

2) information about the object:

coordinates of the auction area for subsequent operations for the extraction of solid minerals based on the results of the auction, its area;

the number of blocks, the block(s) code(s) that make up the auction area for subsequent exploration of solid minerals based on the auction results;

the area within which the territory of the subsurface area being auctioned is located, or most of it;

3) the type of license for subsurface use, according to which it is planned to provide a subsoil plot within the relevant auction territory;

4) the initial amount of the subscription bonus;

5) additional obligations stipulated in paragraph 10 of these Rules;

6) the deadline for accepting applications;

7) the auction procedure, including the conditions for determining the winner;

8) contact information on the competent authority and the single operator;

9) additional information about the auction.

15. Prior to the publication of the auction announcement for each facility, the competent authority ensures that brief geological information about the facility, as well as graphical information about the subsurface use area, providing a spatial representation of the site's location, is included through the EPN.

16. After the publication of the announcement, the competent authority provides free access to information about the objects through the web portal of the registry and the EPN, with the exception of geological information classified as confidential in accordance with the Code or classified in accordance with the legislation of the Republic of Kazakhstan on state secrets.

17. The territory of the auction, which provides for the issuance of a license for the extraction of solid minerals, must be sufficient to form the potential boundaries of the solid mining site in accordance with the requirements of paragraph 3 of Articles 19 and 209 of the Code.

18. The auction area is formed by the competent authority in accordance with the requirements of the Code.

19. When forming the auction territory, it is taken into account the inadmissibility of its combination with existing contractual territories under contracts for exploration and (or) extraction of solid minerals, common minerals, contracts for the construction and (or) operation of underground structures not related to exploration and (or) extraction concluded before the Code came into force, as well as territories exploration or production sites under licenses for the exploration of solid minerals, for the extraction of solid minerals, for the extraction of common minerals, the territory of the subsurface space use area.

20. The functions of the competent authority for the auction are:

1) ensuring the preparation and conduct of the auction;

2) granting the winner a license for exploration or extraction of solid minerals.

21. The preparation for the auction is carried out in the following order:

1) the object is being defined;

2) the necessary materials for the facility are collected in accordance with paragraph 14 of these Rules.;

3) the starting amount of the subscription bonus for the object is determined;

4) the terms and conditions of the auction are established;

5) the announcement of the auction is published;

6) registration of participants is underway.

22. To submit an application for participation in the auction (hereinafter referred to as the application), you must first register on the registry's web portal with the following information:

1) for individuals: individual identification number, surname, first name and patronymic (if any);

2) for legal entities: business identification number, full name, surname, first name and patronymic (if any) of the first head;

3) the details of the current account in the second-tier bank;

4) contact information (legal address, phone number, e-mail (if available).

If the above data is changed, the participant modifies the data entered in the registry web portal before submitting the application.

23. The formation, acceptance and processing of applications consists of the following stages::

1) payment by an individual or a legal entity of a guarantee fee and a participation fee;

2) the formation and signing of an application on the web portal of the registry by an individual or a legal entity;

3) reception and processing of the application by the competent authority;

4) displaying the current status of the application processing on the registry web portal.

To form and submit an application, individuals and legal entities ensure compliance with the conditions provided for in paragraph 8 of these Rules, as well as payment of the guarantee fee and the fee for participation in the auction.

When the competent authority receives and processes an application through the web portal of the registry, format-logical control is carried out, which consists in verifying the completeness of the application. The results of the format-logical control are included in the application.

The deadline for submitting an application is specified in the auction announcement and expires no later than 20 calendar days before the auction date.

24. The amount of the contribution for participation in the auction is 100 (one hundredfold) the monthly calculation index established for the relevant financial year by the law on the Republican budget and effective as of the date of posting the auction announcement on the registry's web portal.

25. The fee for participation in the auction is paid to a single operator and cannot be refunded to the person who submitted the application.

The single operator transfers the fees for participation in the auction to the state revenue at the place of registration of the participant within 3 (three) business days from the date of acceptance of the application by the registry web portal.

26. A person interested in participating in the auction shall send to the competent authority through the web portal of the registry an application in the form according to Appendix 1 to these Rules in Kazakh and (or) Russian, certified by EDS.

27. The guarantee fee is paid by the applicant to the electronic wallet and is a guarantee for the fulfillment of the winner's obligation to pay the subscription bonus.

28. The amount of the guarantee fee is determined by the competent authority and amounts to:

1) in the case of granting the right of subsurface use for exploration of solid minerals – an amount equal to ten times the initial amount of the subscription bonus, determined in accordance with the tax legislation of the Republic of Kazakhstan;

2) in the case of granting the right of subsurface use for the extraction of solid minerals – an amount equal to five times the initial amount of the subscription bonus, determined in accordance with the tax legislation of the Republic of Kazakhstan.

29. The guarantee fee of applicants whose admission to participate in the auction is refused by the competent authority is automatically unblocked in an electronic wallet on the registry's web portal.

30. The winner's guarantee fee is transferred by a single operator within 3 (three) business days to the budget at the place of registration of the winner to fulfill the obligation to pay them a subscription bonus.

31. The guarantee contributions of the following participants are transferred by a single operator to the budget at the place of registration of the next participant within 3 (three) business days from the date of transfer of priority and obligations to pay the subscription bonus confirmed by the participant.

32. Until the winner and/or the next participant fulfill their obligations to pay the subscription bonus confirmed by them, the guarantee contributions of the following participants are blocked in the electronic wallet on the web portal of the registry.

33. A notification for the next participant on the fulfillment of the requirements provided for in paragraph 8 of these Rules is formed by the competent authority in the EPN and automatically posted in the participant's personal account on the web portal of the registry.

34. When submitting an application, the participant confirms his compliance with the following requirements:

1) within one year prior to the filing of the application, the participant or persons directly or indirectly controlling the participant or being under his control were not deprived by the competent authority of the right to use the subsoil for conducting operations for exploration and (or) extraction of solid minerals on the auction territory.;

2) within one calendar year prior to the submission of the application, the competent authority did not register the refusal of the participant or persons directly or indirectly controlling the participant or under his control from the subsoil plot or part of it located on the auction territory;

3) the participant or persons directly or indirectly controlling the participant or under its control are not included in the list of organizations and persons associated with the financing of terrorism and extremism;

4) during the five years preceding the date of filing the application, the participant or persons directly or indirectly controlling the participant or being under his control fully and properly fulfilled their obligations to eliminate the consequences of subsurface use operations in the subsurface areas that they used.

35. The application shall be accompanied by electronic (scanned) copies of documents confirming the applicant's professional, technical and financial capabilities sufficient to cover the minimum costs of exploration or production operations during the first year in accordance with Article 204 of the Code.

36. The documents attached to the application must be written in Kazakh and/or Russian.

Copies of documents written in a foreign language attached to the application must be submitted with a translation into Kazakh and/or Russian, the accuracy of which is certified by a notary.

All attached documents are dated the day before the date of publication of the auction announcement.

37. Registration of participants is carried out after their registration on the registry's web portal from the date of publication of the auction announcement and ends five minutes before the start of the auction, after which participants cannot withdraw the submitted application.

38. After registration of the application by the web portal, an automatic check is performed within 3 (three) minutes for the presence in the electronic wallet of information about the receipt of the participation fee and the guarantee fee for the object for which the application has been submitted.

39. If there is information in the electronic wallet about the receipt of the participation fee and the guarantee fee, the registry web portal blocks money in the electronic wallet for the amount of the participation fee and the guarantee fee. If there is no information in the electronic wallet about the receipt of the participation fee and the guarantee fee, the registry's web portal rejects the application.

40. The application is accepted by the registry's web portal if the participant complies with the requirements specified in paragraphs 34 and 35 of these Rules and if the participant does not have a tax debt exceeding six times the monthly calculation index established for the relevant financial year by the law on the republican budget as of the application date.

41. The grounds for the registry's web portal's refusal to accept the application are the participant's failure to comply with the requirements specified in paragraph 48 of these Rules.

42. The participant's notification of registration of an application for participation or the reasons for refusal to register such an application is automatically posted in the participant's personal account on the registry's web portal.

43. The web portal cancels the auction number of the participant who withdrew the bid at least 5 (five) minutes before the start of the auction.

44. Applications are reviewed by the competent authority in a strictly sequential manner, starting from the first application, and within 10 (ten) business days from the date of receipt of the application by the competent authority.

45. After submitting an application to the competent authority, the current status of the application processing by the competent authority is displayed on the web portal for the individual or legal entity who submitted it.

46. The applicant's notification of admission to participate in the auction or refusal of admission to participate in the auction is automatically posted in the participant's personal account on the registry's web portal based on the results of the examination of the application by the competent authority. A refusal in accordance with paragraph 48 of these Rules is issued within ten working days from the date of filing the application.

47. Refusal in accordance with subparagraph 4) Paragraph 48 of these Rules is passed without specifying the reasons that served as the basis for such a refusal.

48. The competent authority refuses admission to participate in the auction if there are any of the following grounds::

1) the application or the attached documents do not comply with the requirements of these Rules and the Code;

2) within one year prior to the filing of the application, the applicant or a person directly or indirectly controlling the applicant or being under his control, the competent authority terminated the right of subsurface use for conducting operations for exploration and (or) extraction of solid minerals on the territory of the auction;

3) within one calendar year prior to the filing of the application, the applicant or a person directly or indirectly controlling the applicant or being under his control refused the subsoil plot or part of it located on the auction territory;

4) the issuance of a subsurface use license to the applicant based on the results of the auction will entail a threat to the national security of the country or the concentration of subsurface use rights;

5) during the five years preceding the date of filing the application, the applicant or a person directly or indirectly controlling the applicant or being under his control failed to fulfill or improperly fulfilled obligations to eliminate the consequences of subsurface use operations in the subsurface areas that they used;

6) during the 5 (five) years preceding the date of filing the application, the applicant, the person or organization directly or indirectly controlling the applicant or being under his control, did not fulfill the obligation to pay the subscription bonus based on the results of the auction conducted in accordance with the Code.

49. Grammatical or arithmetic errors, typos or other similar errors made in the application are not grounds for refusal of admission to participate in the auction.

50. Refusal of admission to participate in the auction is appealed by the applicant in accordance with the legislation of the Republic of Kazakhstan no later than ten working days from the date of receipt of the notification of refusal of admission to participate in the auction.

51. Refusal of admission to participate in the auction does not deprive the applicant of the right to resubmit the application within the period specified in the auction announcement.

52. The competent authority and the single operator do not disclose information relevant to the participants during the entire period of preparation of the auction and its holding, except in cases provided for by legislative acts of the Republic of Kazakhstan.

53. The data indicated by the participant in the application is subject to confirmation as a result of the information interaction of the registry with the state databases "Legal Entities", "Individuals", "Real Estate Register", the information system "Centralized Unified Personal Accounts" and information systems of tax authorities.

54. If the data is received automatically from the specified state databases and information systems, the registry's web portal verifies the information using format-logic control. If there are inconsistencies with the requirements established by the Code and these Rules, the registry's web portal does not register the application.

55. In case of non-receipt of data automatically from the information systems and databases specified in paragraph 53 of these Rules, the participant enters the data independently, and also attaches electronic copies of supporting documents to the application.

56. Persons interested in participating in the auction may receive information related to the auction procedure no later than the deadline for accepting applications.

57. Applicants who are allowed to participate in the auction and registered on the web portal as participants participate in the auction.

58. Participants enter the auction room using their EDS and auction number within one hour before the start of the auction. The auction begins at the time specified in the auction announcement by automatically placing the initial amount of the subscription bonus in the auction hall.

59. The auction in the auction hall is held from Tuesday to Friday, with the exception of holidays and weekends provided for by the legislation of the Republic of Kazakhstan. The auction is held from 10:00 a.m. to 5:00 p.m. Astana time.

60. The auction will not be held if the competent authority decides to cancel the auction before it begins. Such a decision is made no later than three working days before the auction date and is entered into the web portal of the registry and the EPN by the competent authority on the day of the decision.

61. The auction starts with the starting amount of the subscription bonus.

62. The auction step is set as follows:

1) if the initial or current subscription bonus is up to 20,000 times the monthly calculation index, the auction step is 25% (twenty-five percent);

2) with the initial or current subscription bonus amount from 20,000 to 50,000 times the monthly calculation index, the auction step is 20% (twenty percent);

3) with a starting or current subscription bonus of 50,000 to 100,000 times the monthly calculation index, the auction step is 15% (fifteen percent);

4) for the initial or current subscription bonus amount from 100,000 to 250,000 times the monthly calculation index, the auction step is 10% (ten percent);

5) with the initial or current subscription bonus amount of 250,000 times the monthly calculation index and above, the auction step is 5% (five percent).

63. The auction is conducted as follows:

1) if, within ten minutes of confirming the initial amount of the subscription bonus in the auction hall, the participant confirms his desire to purchase the object by increasing the initial amount of the subscription bonus by the step specified in paragraph 62 of these Rules, the initial amount of the subscription bonus increases by the specified step;

2) if, within ten minutes after confirming the initial amount of the subscription bonus in the auction hall, none of the participants confirms their desire to purchase the object by increasing the initial amount of the subscription bonus, the participant who confirmed the initial amount of the subscription bonus will be recognized as the winner, and the auction for this object will be recognized as having taken place.;

3) if, within ten minutes after increasing the current subscription bonus amount, none of the participants confirms their desire to purchase the object by increasing the current subscription bonus amount, the participant who was the last to confirm his desire to purchase the object will be recognized as the winner, and the auction for this object will be recognized as having taken place.;

4) if the auction winner has not been determined at the end of the auction at 17:00, the participant who last confirmed his desire to purchase the object will be recognized as the winner, and the auction for this object will be recognized as having taken place.

The auction is held up to the maximum amount of the subscription bonus offered by one of the participants. An auction in which only one participant has registered is considered valid if the participant has confirmed the initial amount of the subscription bonus.

The winner of the auction is the participant who offered the largest amount of the subscription bonus.

64. The auction results for each object sold are formalized by a protocol on the auction results, which is signed on the web portal of the registry by the competent authority using EDS on the day of the auction.

The protocol on the results of the auction is a document recording the results of the auction and the obligations of the winner to pay the final amount of the subscription bonus, as well as to obtain a license for exploration or extraction of solid minerals within the time limits established by the legislation of the Republic of Kazakhstan.

The results of the auction may be appealed by interested parties in accordance with the legislation of the Republic of Kazakhstan no later than ten working days from the date of the auction.

65. The protocol on the auction results contains the following information:

1) information about the auction and its participants;

2) information about the object;

3) information about the winner and his obligations.

66. The final amount of the subscription bonus must be paid by the winner to the electronic wallet no later than twenty business days from the date of the announcement of the auction results.

67. The obligation to pay the final amount of the subscription bonus is a condition for issuing a license for subsurface use, and its non–fulfillment is the basis for refusing to issue a license to the winner.

68. The payment of the final amount of the subscription bonus is made directly by the participant by replenishing the electronic wallet and then signing an application in the EPN for transferring the final amount of the subscription bonus to the budget.

69. If none of the participants pays the subscription bonus, the competent authority signs an act canceling the auction results with the EDS on the registry's web portal.

70. Failure by the auction winner to pay the subscription bonus entails the refusal of the competent authority to grant the auction winner and persons directly or indirectly controlling the winner a license for subsurface use, as well as their admission to participate in auctions for granting the right to subsurface use within five years from the date of the auction. During this period, the specified persons are prohibited from issuing permits for the transfer of the right of subsurface use and (or) objects related to the right of subsurface use upon their acquisition.

The competent authority maintains a list of these persons with open access to it through the EPN.

71. If a technical malfunction occurs during the auction that prevents participation in the auction, the participant:

1) it is notified within 30 seconds from the moment when there is no stable connection with the registry's web portal, by displaying an electronic notification with the contact details of a single operator on the participant's monitor.;

2) immediately notify the contact information of the unified operator by telephone or e-mail.

72. A single operator records the fact of a technical failure and, if it is present on the side of the registry's web portal, notifies all participants by posting information on the registry's web portal.

73. In case of technical failure of the participant's computer and/or telecommunication equipment, the auction continues.

74. If there is a technical malfunction of the registry web portal specified in paragraph 71 of these Rules that prevents the auction or the auction procedure, the unified operator shall notify the competent authority in writing and postpone the auction to the next business day after the day of correction of the technical malfunction, with mandatory prior notification to the participants participating in the auction of the date and time of continuation of this auction by posting information on the registry's web portal and sending an e-mail to the participant's e-mail address, specified on the registry's web portal.

Paragraph 2. Procedure for issuing licenses based on the results of an auction for exploration of solid minerals

75. Notification of the winner and/ or the next participant on the need to provide security for the fulfillment of obligations to eliminate the consequences of operations for exploration of solid minerals, provided for in Article 198 of the Code, is automatically posted in the participant's personal account on the registry web portal after payment of the subscription bonus within the prescribed period.

76. Ensuring the fulfillment of obligations to eliminate the consequences of operations for the exploration of solid minerals must be submitted by the winner to the competent authority no later than forty working days from the date of notification of the need to provide security for the fulfillment of obligations to eliminate the consequences of operations for the exploration of solid minerals.

77. If the territory of the exploration site under the issued exploration license fully or partially belongs to the lands of settlements or adjacent territories at a distance of one thousand meters, the winner submits to the competent authority a signed agreement on socio-economic support for the local population provided for in subparagraph 1) paragraph 3 of Article 25 of the Code (hereinafter referred to as the Agreement). Such an Agreement must be submitted to the competent authority within six months from the date of signing the protocol on the auction results. The specified period is extended by a written application from the winner for three months. The license issue period is suspended until the Agreement is provided.

If, before the expiration of the period specified in part one of this paragraph, the winner has not provided a signed Agreement in the event that the territory of the exploration site under the exploration license is fully related to the lands of settlements and adjacent territories at a distance of one thousand meters, the competent authority refuses to issue the license.

If, before the expiration of the period specified in part one of this paragraph, the winner has not provided a signed Agreement in the event that the territory of the exploration site under the exploration license partially relates to the lands of settlements and adjacent territories at a distance of one thousand meters, the competent authority does not include the relevant blocks in the exploration territory when issuing the license.

78. If the territory of an exploration site under an exploration license issued consists of a block(s) partially located on the territory of a subsurface area used by another person for operations involving the extraction of hydrocarbons or solid minerals, the winner submits to the competent authority the written consent of the said person to be included in the license for exploration of the specified block(s) (hereinafter referred to as Consent) within six months from the date of registration of the protocol on the auction results. The specified period is extended by a written application from the winner for three months. The license issue period is suspended until Consent is granted.

If the winner has not provided Consent to the competent authority before the expiration of the specified period, the competent authority does not include the relevant blocks in the exploration territory when issuing the license.

79. The competent authority issues a license for exploration of solid minerals no later than five working days from the date of submission of proper enforcement of obligations to eliminate the consequences of operations for exploration of solid minerals or refuses to issue it after thirty-five working days from the date of notification by the competent authority.

In the cases provided for in paragraphs 86 and 87 of these Rules, the period for issuing a license is calculated from the date on which a written Agreement or Consent is provided to the competent authority.

The Agreement and Consent are formed and signed by the parties in electronic form through the EPN (after the technical implementation of the relevant functionality).

Paragraph 3. Procedure for issuing licenses based on the results of an auction for the extraction of solid minerals

80. The notification of the winner about the need to determine and coordinate the boundaries of the mining site provided under a license for the extraction of solid minerals, and further coordinate and conduct examinations of the mining plan and liquidation plan in accordance with Articles 216 and 217 of the Code is automatically posted in the participant's personal account on the registry web portal after signing the protocol on the auction results.

If the territory of the mining site(s) under the issued mining license fully or partially belongs to the lands of settlements and adjacent territories at a distance of one thousand meters, the winner also submits a signed Agreement to the competent authority.

81. The agreed mining plan and liquidation plan with positive expert opinions and agreed boundaries of the mining site, as well as an agreement on socio-economic support for the local population (if necessary), shall be submitted by the winner to the competent authority no later than one year from the date of notification provided for in paragraph 89 of these Rules.

The winner has the right to apply to the competent authority for an extension of the specified period, justifying the need for such an extension. The competent authority shall extend this period for a period not exceeding one year from the date of expiry of the period specified in part one of this paragraph, if the need for such extension is caused by circumstances beyond the control of the said person.

If the deadlines specified in this paragraph are missed, as well as the subscription bonus is not paid within the time limits stipulated by the legislation of the Republic of Kazakhstan, the winner is deprived of the right to issue a license for the extraction of solid minerals. At the same time, the competent authority conducts a repeat auction on the territory of the auction, if this does not contradict the provisions of the Code.

82. The coordination of the boundaries of the mining site is carried out by the authorized body for the study of the subsoil.

The authorized body for the study of subsurface resources within ten working days considers the winner's application, drawn up in any form, with the attachment of documents containing information about the territory of the requested subsurface area: a cartogram of the site's location, made on a scale that provides visibility, an overview (situational) scheme, a topographic map of the surface, for compliance with the boundaries and shape of the territory of the requested mining site requirements of the Code.

If the boundaries and shape of the territory of the requested subsurface area designated by the winner do not comply with the requirements of paragraph 3 of Articles 19 and 209 of the Code, the authorized body for the study of subsurface in writing in any form notifies the winner and the competent authority. The notification indicates the identified inconsistencies and recommendations on ways to eliminate them. Within twenty working days from the date of receipt of the notification, the winner eliminates the identified inconsistencies, which is notified in writing in any form to the authorized body for the study of the subsoil with the attachment of supporting documents or sends his objection in writing.

Within ten working days from the date of receipt of the notification, the authorized body for the study of subsurface resources shall re-examine the issue of compliance of the boundaries of the requested subsurface area with the requirements of Article 209 of the Code.

Based on the results of consideration of the issue of compliance with the boundaries of the requested subsurface area, the authorized body for the study of subsurface coordinates these boundaries or refuses approval, which is notified in writing in any form to the competent authority and the winner. The refusal of approval is appealed by the winner in accordance with the law.

83. After determining the boundaries and shape of the territory of the requested mining site and its coordination with the authorized body for the study of the subsoil, the winner develops a mining plan and a liquidation plan and ensures their coordination and obtaining a positive expert opinion provided for in articles 216 and 217 of the Code, respectively.

84. The competent authority issues to the winner a license for the extraction of solid minerals by means of the EPN no later than five working days from the date of submission by means of the EPN (after the technical implementation of the relevant functionality) of the required approvals and a positive expert opinion of the mining plan and the liquidation plan, as well as an Agreement (if necessary), if its conclusion is provided for by the Code.

Chapter 3. Procedure and grounds for declaring an auction invalid

85. An auction is deemed to have failed if no bidder has registered on the date of the auction. In this case, the auction must be repeated no earlier than two months after the date of the auction.

86. In the cases specified in paragraphs 73 and 74 of these Rules, the competent authority on the day of the auction or, respectively, within one working day after the expiration of the period stipulated for the payment of the subscription bonus, using the EDS, signs the act of the failed auction. The report on the failed auction is generated by the registry's web portal.

87. If the auction is declared invalid twice for the subsurface areas provided for in subparagraph 1) paragraph 1 of Article 221-1 of the Code, no earlier than two months after the date of recognition of the auction as invalid, an auction is held providing for the issuance of a license for exploration of solid minerals.

88. The auction area is subject to exclusion from the Program in the following cases::

1) recognition of the exploration auction failed twice for subsurface areas provided for in subitems 2) and 3) of paragraph 1 of Article 221-1 of the Code and paragraph 77 of these Rules;

2) non-inclusion of exploration sites in the territory when issuing a license for exploration of solid minerals based on the results of an auction.

89. The right of subsurface use for conducting operations for exploration of solid minerals in the territories of auctions excluded from the Program is granted in accordance with the procedure provided for in Article 189-1 of this Code.

Chapter 4. Recognition of the auction as invalid

90. An auction for granting the right of subsurface use for exploration or extraction of solid minerals may be declared invalid in court at the request of the participant or the competent authority.

91. The grounds for declaring the auction invalid are:

1) violation of the Rules of the auction, which affected the determination of the winner of the auction;

2) the establishment of the fact that a person who has been granted a license to explore or extract solid minerals has submitted deliberately false information to the competent authority that influenced his decision to allow such a person to participate in the auction.

92. In case of challenging the validity of the auction results before the issuance of a license for subsurface use, the license period is suspended until the court decision comes into force.

93. The recognition of the auction results as invalid entails the invalidity of the license for subsurface use issued following the results of the auction.

Appendix to the Rules for Conducting an auction and issuing a license based on the results of an auction for the exploration and extraction of solid minerals

Form

Application for participation in the auction

Having considered the announcement of an auction for the right to explore or extract solid minerals for the facility:

(information on the auction object, the site (block) of solid minerals)

and having familiarized with the Rules of the auction and the issuance of a license based on the results of the auction for the exploration or extraction of solid minerals, approved by the Minutes of the meeting of the Council for Attracting Investments from "__" _____ 20 __ please accept the application for participation in the auction from

(last name, first name and patronymic (if any) or the name of the legal entity)

and register as a participant in the auction that will take place "__" ___ 20___ year on the web portal of the Register of State Property, posted on the Internet at e-qazyna.kz .

Information about the auction object: _______________________________.

I have paid a fee for participation in the auction and a guarantee fee for the subsurface area indicated in the notice of the auction (object):

name of the object __________________________________;

the amount of the participation fee, tenge ___________________________;

guarantee fee, tenge________________________________.

I agree that in case of detection of my non-compliance with the established requirements for the participant and (or) the unreliability of the information stated in this statement, I lose the right to participate in auctions.

I confirm the accuracy of the information provided and am aware of the responsibility for providing false information.

I agree that if it is established that I knowingly provided false information to the competent authority that influenced the decisions of the competent authority on admission to participate in the auction and (or) recognition as the winner of the auction, the signed protocol on the results of the auction and the mining license will be declared invalid.

If I am recognized as the winner and I fail to pay the subscription bonus within the time limit set by law, I confirm my refusal to apply for a license to explore/extract solid minerals.

I agree to the use of information about myself that constitutes a legally protected secret contained in information systems and databases.

I can imagine the information about myself:

For a legal entity:

Name ________________________________________________

Business identification number _______________________________

Last name, first name, patronymic (if any) of the supervisor ______________

Address: _______________________________________________________

Phone number: ________________________________________

Individual identification code ________________________

Bank identification code _____________________________

Name of the bank _________________________________

For an individual:

Last name, first name, patronymic (if any) __________________________

Individual identification number ______________________

Details of the identity document _____________________

Address: ______________________________________________________

Phone number: ______________________________________________

Individual identification code ________________________

Bank identification code _____________________________

Name of the bank ___________________________________________

Beneficiary's code ______________________________________________

Information about legal entities, individuals, States, and international organizations that directly or indirectly control me (us), as well as about individuals, states, and international organizations that are not controlling persons and own shares:

Name of the State ______________________________________

name of the person or organization _________________________________

The requirement of this paragraph to provide information on persons, States, and international organizations holding stakes in the applicant's shares that are not controlling persons does not apply to the said persons, States, and international organizations holding such stakes in shares through shares and (or) securities traded on the organized securities market.

Signed and sent by the participant at __: __ hours "___" ____20 _ year:

Data from the EDS

Date and time of signing the EDS

Notification of acceptance of the application:

Accepted by the competent authority at __: __ hours "___" ______ 20__ year:

Data from the EDS

Date and time of signing the EDS

Participant's auction number (to be specified after the auction is completed)

Approved by the Decree of the Ministry of Industry and Construction of the Republic of Kazakhstan on April 30, 2026 No. 218

The list of some regulatory legal acts of the Republic of Kazakhstan, which are recognized as invalid

1. Order of the Minister of Investment and Development of the Republic of Kazakhstan dated May 11, 2018 No. 315 "On Approval of the Rules for conducting Auctions on Subsurface Areas for exploration or Extraction of Solid minerals" (registered with the Ministry of Justice of the Republic of Kazakhstan No. 16995).

2. Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated July 1, 2019 No. 465 "On Amendments and Additions to the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated May 11, 2018 No. 315 "On Approval of the Rules for Conducting Auctions on Subsurface Areas for Exploration or Extraction of Solid Minerals" (registered in Ministry of Justice of the Republic of Kazakhstan No. 18963);

3. Order of the Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated April 27, 2020 No. 237 "On Amendments to the Order of the Minister of Investment and Development of the Republic of Kazakhstan dated May 11, 2018 No. 315 "On Approval of the Rules for the Auction of Subsurface Areas for Exploration or Extraction of Solid Minerals" (registered in Ministry of Justice of the Republic of Kazakhstan No. 20521).

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